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| COMMON DEVELOPMENT AND DISTRIBUTION LICENSE (CDDL) Version 1.0 |
| 1. <br> |
| <br> |
| Definitions. |
| <br> |
| <br> |
| 1.1. <span style="font-style: italic;">Contributor</span> means each |
| individual or entity that creates or |
| contributes to the creation of Modifications. |
| <br> |
| <br> |
| 1.2. <span style="font-style: italic;">Contributor Version</span> |
| means the combination of the Original |
| Software, prior Modifications used by a Contributor (if any), and the |
| Modifications made by that particular Contributor. |
| <br> |
| <br> |
| 1.3. <span style="font-style: italic;">Covered Software</span> means |
| (a) the Original Software, or (b) |
| Modifications, or (c) the combination of files containing Original |
| Software with files containing Modifications, in each case including |
| portions thereof. |
| <br> |
| <br> |
| 1.4. <span style="font-style: italic;">Executable</span> means the |
| Covered Software in any form other than |
| Source Code. |
| <br> |
| <br> |
| 1.5. <span style="font-style: italic;">Initial Developer</span> means |
| the individual or entity that first makes |
| Original Software available under this License. |
| <br> |
| <br> |
| 1.6. <span style="font-style: italic;">Larger Work</span> means a work |
| which combines Covered Software or |
| portions thereof with code not governed by the terms of this License. |
| <br> |
| <br> |
| 1.7. <span style="font-style: italic;">License</span> means this |
| document. |
| <br> |
| <br> |
| 1.8. <span style="font-style: italic;">Licensable</span> means having |
| the right to grant, to the maximum extent |
| possible, whether at the time of the initial grant or subsequently |
| acquired, any and all of the rights conveyed herein. |
| <br> |
| <br> |
| 1.9. <span style="font-style: italic;">Modifications</span> means the |
| Source Code and Executable form of any of |
| the following: |
| A. Any file that results from an addition to, deletion from or |
| modification of the contents of a file containing Original Software or |
| previous Modifications; |
| B. Any new file that contains any part of the Original Software or |
| previous Modification; or |
| C. Any new file that is contributed or otherwise made available under |
| the terms of this License. |
| <br> |
| <br> |
| 1.10. <span style="font-style: italic;">Original Software</span> means |
| the Source Code and Executable form of |
| computer software code that is originally released under this License. |
| <br> |
| <br> |
| 1.11. <span style="font-style: italic;">Patent Claims</span> means any |
| patent claim(s), now owned or hereafter |
| acquired, including without limitation, method, process, and apparatus |
| claims, in any patent Licensable by grantor. |
| <br> |
| <br> |
| 1.12. <span style="font-style: italic;">Source Code</span> means (a) |
| the common form of computer software code |
| in which modifications are made and (b) associated documentation |
| included in or with such code. |
| <br> |
| <br> |
| 1.13. <span style="font-style: italic;">You (or Your)</span> means an |
| individual or a legal entity exercising |
| rights under, and complying with all of the terms of, this License. For |
| legal entities, You includes any entity which controls, is controlled |
| by, or is under common control with You. For purposes of this |
| definition, control means (a) the power, direct or indirect, to |
| cause |
| the direction or management of such entity, whether by contract or |
| otherwise, or (b) ownership of more than fifty percent (50%) of |
| the |
| outstanding shares or beneficial ownership of such entity. |
| <br> |
| <br> |
| 2. License Grants.<br> |
| <br> |
| 2.1. The Initial Developer Grant. |
| Conditioned upon Your compliance with Section 3.1 below and subject to |
| third party intellectual property claims, the Initial Developer hereby |
| grants You a world-wide, royalty-free, non-exclusive license: |
| <br> |
| <br> |
| (a) under intellectual property rights (other than patent or trademark) |
| Licensable by Initial Developer, to use, reproduce, modify, display, |
| perform, sublicense and distribute the Original Software (or portions |
| thereof), with or without Modifications, and/or as part of a Larger |
| Work; and |
| <br> |
| <br> |
| (b) under Patent Claims infringed by the making, using or selling of |
| Original Software, to make, have made, use, practice, sell, and offer |
| for sale, and/or otherwise dispose of the Original Software (or |
| portions thereof);<br> |
| <br> |
| (c) The licenses granted in Sections 2.1(a) and (b) are |
| effective on |
| the date Initial Developer first distributes or otherwise makes the |
| Original Software available to a third party under the terms of this |
| License;<br> |
| <br> |
| (d) Notwithstanding Section 2.1(b) above, no patent license |
| is granted: |
| (1) for code that You delete from the Original Software, or |
| (2) for |
| infringements caused by: (i) the modification of the Original |
| Software, |
| or (ii) the combination of the Original Software with other |
| software or |
| devices. |
| <br> |
| <br> |
| 2.2. Contributor Grant. |
| Conditioned upon Your compliance with Section 3.1 below and subject to |
| third party intellectual property claims, |
| each Contributor hereby grants You a world-wide, royalty-free, |
| non-exclusive license: |
| <br> |
| <br> |
| (a) under intellectual property rights (other than patent or trademark) |
| Licensable by Contributor to use, reproduce, modify, display, perform, |
| sublicense and distribute the Modifications created by such Contributor |
| (or portions thereof), either on an unmodified basis, with other |
| Modifications, as Covered Software and/or as part of a Larger Work; and |
| <br> |
| <br> |
| (b) under Patent Claims infringed by the making, using, or selling of |
| Modifications made by that Contributor either alone and/or in |
| combination with its Contributor Version (or portions of such |
| combination), to make, use, sell, offer for sale, have made, and/or |
| otherwise dispose of: (1) Modifications made by that Contributor |
| (or |
| portions thereof); and (2) the combination of Modifications made |
| by |
| that Contributor with its Contributor Version (or portions of such |
| combination). |
| <br> |
| <br> |
| (c) The licenses granted in Sections 2.2(a) and 2.2(b) are |
| effective on |
| the date Contributor first distributes or otherwise makes the |
| Modifications available to a third party.<br> |
| <br> |
| (d) Notwithstanding Section 2.2(b) above, no patent license is |
| granted: |
| (1) for any code that Contributor has deleted from the Contributor |
| Version; (2) for infringements caused by: (i) third party |
| modifications |
| of Contributor Version, or (ii) the combination of Modifications |
| made |
| by that Contributor with other software (except as part of the |
| Contributor Version) or other devices; or (3) under Patent Claims |
| infringed by Covered Software in the absence of Modifications made by |
| that Contributor. |
| <br> |
| <br> |
| 3. Distribution Obligations. |
| <br> |
| <br> |
| 3.1. Availability of Source Code. |
| Any Covered Software that You distribute or otherwise make available in |
| Executable form must also be made available in Source Code form and |
| that Source Code form must be distributed only under the terms of this |
| License. You must include a copy of this License with every copy of the |
| Source Code form of the Covered Software You distribute or otherwise |
| make available. You must inform recipients of any such Covered Software |
| in Executable form as to how they can obtain such Covered Software in |
| Source Code form in a reasonable manner on or through a medium |
| customarily used for software exchange. |
| <br> |
| <br> |
| 3.2. Modifications. |
| The Modifications that You create or to which You contribute are |
| governed by the terms of this License. You represent that You believe |
| Your Modifications are Your original creation(s) and/or You have |
| sufficient rights to grant the rights conveyed by this License. |
| <br> |
| <br> |
| 3.3. Required Notices. |
| You must include a notice in each of Your Modifications that identifies |
| You as the Contributor of the Modification. You may not remove or alter |
| any copyright, patent or trademark notices contained within the Covered |
| Software, or any notices of licensing or any descriptive text giving |
| attribution to any Contributor or the Initial Developer. |
| <br> |
| <br> |
| 3.4. Application of Additional Terms. |
| You may not offer or impose any terms on any Covered Software in Source |
| Code form that alters or restricts the applicable version of this |
| License or the recipients rights hereunder. You may choose to offer, |
| and to charge a fee for, warranty, support, indemnity or liability |
| obligations to one or more recipients of Covered Software. However, you |
| may do so only on Your own behalf, and not on behalf of the Initial |
| Developer or any Contributor. You must make it absolutely clear that |
| any such warranty, support, indemnity or liability obligation is |
| offered by You alone, and You hereby agree to indemnify the Initial |
| Developer and every Contributor for any liability incurred by the |
| Initial Developer or such Contributor as a result of warranty, support, |
| indemnity or liability terms You offer.<br> |
| <br> |
| 3.5. Distribution of Executable Versions. |
| You may distribute the Executable form of the Covered Software under |
| the terms of this License or under the terms of a license of Your |
| choice, which may contain terms different from this License, provided |
| that You are in compliance with the terms of this License and that the |
| license for the Executable form |
| does not attempt to limit or alter the recipients rights in the Source |
| Code form from the rights set forth in this License. If You distribute |
| the Covered Software in Executable form under a different license, You |
| must make it absolutely clear that any terms which differ from this |
| License are offered by You alone, not by the Initial Developer or |
| Contributor. You hereby agree to indemnify the Initial Developer and |
| every Contributor for any liability incurred by the Initial Developer |
| or such Contributor as a result of any such terms You offer. |
| <br> |
| <br> |
| 3.6. Larger Works. |
| You may create a Larger Work by combining Covered Software with other |
| code not governed by the terms of this License and distribute the |
| Larger Work as a single product. In such a case, You must make sure the |
| requirements of this License are fulfilled for the Covered Software. |
| <br> |
| <br> |
| 4. Versions of the License. |
| <br> |
| <br> |
| 4.1. New Versions. |
| Sun Microsystems, Inc. is the initial license steward and may publish |
| revised and/or new versions of this License from time to time. Each |
| version will be given a distinguishing version number. Except as |
| provided in Section 4.3, no one other than the license steward has the |
| right to modify this License. |
| <br> |
| <br> |
| 4.2. Effect of New Versions. |
| You may always continue to use, distribute or otherwise make the |
| Covered Software available under the terms of the version of the |
| License under which You originally received the Covered Software. If |
| the Initial Developer includes a notice in the Original Software |
| prohibiting it from being distributed or otherwise made available under |
| any subsequent version of the License, You must distribute and make the |
| Covered Software available under the terms of the version of the |
| License under which You originally received the Covered Software. |
| Otherwise, You may also choose to use, distribute or otherwise make the |
| Covered Software available under the terms of any subsequent version of |
| the License published by the license steward. |
| <br> |
| <br> |
| 4.3. Modified Versions. |
| When You are an Initial Developer and You want to create a new license |
| for Your Original Software, You may create and use a modified version |
| of this License if You: (a) rename the license and remove any |
| references to the name of the license steward (except to note that the |
| license differs from this License); and (b) otherwise make it |
| clear |
| that the license contains terms which differ from this License. |
| <br> |
| <br> |
| 5. DISCLAIMER OF WARRANTY. |
| COVERED SOFTWARE IS PROVIDED UNDER THIS LICENSE ON AN AS IS BASIS, |
| WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, |
| WITHOUT LIMITATION, WARRANTIES THAT THE COVERED SOFTWARE IS FREE OF |
| DEFECTS, MERCHANTABLE, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. |
| THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE COVERED |
| SOFTWARE IS WITH YOU. SHOULD ANY COVERED SOFTWARE PROVE DEFECTIVE IN |
| ANY RESPECT, YOU (NOT THE INITIAL DEVELOPER OR ANY OTHER CONTRIBUTOR) |
| ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR OR CORRECTION. THIS |
| DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE. |
| NO USE OF ANY COVERED SOFTWARE IS AUTHORIZED HEREUNDER EXCEPT UNDER |
| THIS DISCLAIMER. |
| <br> |
| <br> |
| 6. TERMINATION. |
| <br> |
| <br> |
| 6.1. This License and the rights granted hereunder will terminate |
| automatically if You fail to comply with terms herein and fail to cure |
| such breach within 30 days of becoming aware of the breach. Provisions |
| which, by their nature, must remain in effect beyond the termination of |
| this License shall survive. |
| <br> |
| <br> |
| 6.2. If You assert a patent infringement claim (excluding declaratory |
| judgment actions) against Initial Developer or a Contributor (the |
| Initial Developer or Contributor against whom You assert such claim is |
| referred to as Participant) alleging that the Participant Software |
| (meaning the Contributor Version where the Participant is a Contributor |
| or the Original Software where the Participant is the Initial |
| Developer) directly or indirectly infringes any patent, then any and |
| all rights granted directly or indirectly to You by such Participant, |
| the Initial Developer (if the Initial Developer is not the Participant) |
| and all Contributors under |
| Sections 2.1 and/or 2.2 of this License shall, upon 60 days notice |
| from |
| Participant terminate prospectively and automatically at the expiration |
| of such 60 day notice period, unless if within such 60 day period You |
| withdraw Your claim with respect to the Participant Software against |
| such Participant either unilaterally or pursuant to a written agreement |
| with Participant. |
| <br> |
| <br> |
| 6.3. In the event of termination under Sections 6.1 or 6.2 above, |
| all |
| end user licenses that have been validly granted by You or any |
| distributor hereunder prior to termination (excluding licenses granted |
| to You by any distributor) shall survive termination. |
| <br> |
| <br> |
| 7. LIMITATION OF LIABILITY. |
| UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER TORT |
| (INCLUDING NEGLIGENCE), CONTRACT, OR OTHERWISE, SHALL YOU, THE INITIAL |
| DEVELOPER, ANY OTHER CONTRIBUTOR, OR ANY DISTRIBUTOR OF COVERED |
| SOFTWARE, OR ANY SUPPLIER OF ANY OF SUCH PARTIES, BE LIABLE TO ANY |
| PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES |
| OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST |
| PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR |
| MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF |
| SUCH PARTY SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. |
| THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR |
| PERSONAL INJURY RESULTING FROM SUCH PARTYS NEGLIGENCE TO THE EXTENT |
| APPLICABLE LAW PROHIBITS SUCH LIMITATION. SOME JURISDICTIONS DO NOT |
| ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL |
| DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT APPLY TO YOU. |
| <br> |
| <br> |
| 8. U.S. GOVERNMENT END USERS. |
| The Covered Software is a commercial item, as that term is defined in |
| 48 C.F.R. 2.101 (Oct. 1995), consisting of commercial |
| computer software |
| (as that term is defined at 48 C.F.R. 252.227-7014(a)(1)) and |
| commercial computer software documentation as such terms are used in |
| 48 C.F.R. 12.212 (Sept. 1995). Consistent with 48 C.F.R. |
| 12.212 and 48 |
| C.F.R. 227.7202-1 through 227.7202-4 (June 1995), all U.S. Government |
| End Users acquire Covered Software with only those rights set forth |
| herein. This U.S. Government Rights clause is in lieu of, and |
| supersedes, any other FAR, DFAR, or other clause or provision that |
| addresses Government rights in computer software under this License. |
| <br> |
| <br> |
| 9. MISCELLANEOUS. |
| This License represents the complete agreement concerning subject |
| matter hereof. If any provision of this License is held to be |
| unenforceable, such provision shall be reformed only to the extent |
| necessary to make it enforceable. This License shall be governed by the |
| law of the jurisdiction specified in a notice contained within the |
| Original Software (except to the extent applicable law, if any, |
| provides otherwise), excluding such jurisdictions conflict-of-law |
| provisions. Any litigation relating to this License shall be subject to |
| the jurisdiction of the courts located in the jurisdiction and venue |
| specified in a notice contained within the Original Software, with the |
| losing party responsible for costs, including, without limitation, |
| court costs and reasonable attorneys fees and expenses. The application |
| of the United Nations Convention on Contracts for the International |
| Sale of Goods is expressly excluded. Any law or regulation which |
| provides that the language of a contract shall be construed against the |
| drafter shall not apply to this License. You agree that You alone are |
| responsible for compliance with the United States export administration |
| regulations (and the export control laws and regulation of any other |
| countries) when You use, distribute or otherwise make available any |
| Covered Software. <br> |
| <br> |
| 10. RESPONSIBILITY FOR CLAIMS. |
| As between Initial Developer and the Contributors, each party is |
| responsible for claims and damages arising, directly or indirectly, out |
| of its utilization of rights under this License and You agree to work |
| with Initial Developer and Contributors to distribute such |
| responsibility on an equitable basis. Nothing herein is intended or |
| shall be deemed to constitute any admission of liability. |
| <br> |
| <br> |
| NOTICE PURSUANT TO SECTION 9 OF THE COMMON DEVELOPMENT AND DISTRIBUTION |
| LICENSE (CDDL) |
| The code released under the CDDL shall be governed by the |
| laws of the State of California (excluding conflict-of-law provisions). |
| Any litigation relating to this License shall be subject to the |
| jurisdiction of the Federal Courts of the Northern District of |
| California and the state courts of the State of California, with venue |
| lying in Santa Clara County, California. |
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